Air Charter Operator Agreement

Air Charter Operator Agreement

The terms and conditions stated herein (collectively, the “Agreement”) constitute a legal agreement between you and Chalk's Ocean, Inc. a Florida corporation (“Chalk's Ocean”). In order to use the Service (defined below) and the associated Application (defined below) you must agree to the terms and conditions that are set out below. By using or receiving any services supplied to you by Chalk's Ocean (collectively, the “Service”), and downloading, installing or using any associated application or web service supplied by Chalk's Ocean which purpose is to enable you to use the Service (collectively, the “Application”), you hereby expressly acknowledge and agree to be bound by the terms and conditions of the Agreement, and any future amendments and additions to this Agreement as published from time to time in the Application in the Terms of Service section.
 
THESE TERMS INCLUDE A BINDING ARBITRATION CLAUSE AND A CLASS ACTION WAIVER. IF YOU LIVE IN THE US, THESE TERMS AFFECT YOUR RIGHTS TO RESOLVE A DISPUTE WITH CHALK'S OCEAN AND YOU SHOULD REVIEW THESE TERMS CAREFULLY.
 
Chalk's Ocean reserves the right to modify the terms and conditions of this Agreement or its policies relating to the Service or Application at any time, effective upon posting of an updated version of this Agreement on the Service or Application. You are responsible for regularly reviewing this Agreement. Continued use of the Service or Application after any such changes shall constitute your consent to such changes.
 
This Agreement sets forth the terms and conditions in which Chalk's Ocean sells (i) individual seats (each, a “Seat”) or (ii)  all seats (a “Charter”) on various aircraft between the locations on the Chalk's Ocean App and/or Website (each, Seat and Charter may be referred to as individually or collectively, as a “Flight”).
 
CHALK'S OCEAN IS NOT A DIRECT OR INDIRECT AIR CARRIER AND ALL FLIGHTS ARE OPERATED BY FAA/DOT LICENSED DIRECT AIR CARRIERS (“OPERATORS”). FOR ALL FLIGHTS, CHALK'S OCEAN IS AN AIR CHARTER BROKER.
 
YACHT CHARTERS:  If you are attempting to arrange a Yacht Charter, please review our Yacht Charters - Operator Agreement posted at https://chalksocean.com/terms-and-conditions-yacht/, which is incorporated herein by reference, and also governs your use of this Site.
 

Reservations

Pre-existing Flights. The App and Website display available Seats on pre-existing Flights (each, a “Pre-existing Flight”). Customer requests for Seats on a Pre-Existing Flight may be made at any time the App and Website are operational.
 
Custom Flights. If a Seat on a Pre-Existing Flight at the time and destination you desire is unavailable, Customer may request the creation of a custom flight (“Custom Flight”). Upon payment of all Seats on the Custom Flight, Customer may request that Chalk's Ocean, market and sell Seats on the Custom Flight to other users of the Chalk's Ocean services (a “Crowdsourced Flight” where you have purchased the “Initial Seat”). For each Seat that Chalk's Ocean sells on the Custom Flight, Customer receives “Chalk's Ocean Credits” in a pre-determined amount to be used towards future Flights. Chalk's Ocean Credits will be maintained on Customer’s Account and expire twelve (12) months following the date of their receipt. Customer shall not receive Chalk's Ocean Credits for Seats unable to be sold due to aircraft weight limitations.
 
FLIGHT CONFIRMATION. FLIGHTS ARE NOT CONFIRMED UNTIL FULL PAYMENT IS RECEIVED AND CUSTOMER RECEIVES A CONFIRMATION E-MAIL FROM CHALK'S OCEAN (“Confirmation”).

 

Fares and Payments

Fares. Chalk's Ocean reserves the right to modify the Flight fares at any time prior to receipt of payment for such Flight.
 
Additional Costs. Flight fares do not include unexpected or incidental costs, for which Customer may be responsible, including but not limited to (i) after-hour operations, (ii) extraordinary FBO fees, (iii) catering requests, (iv) ground transportation requests, and (v) excess baggage. Customer is responsible for all costs, including excessive cleaning, associated with any damage, stains, or extraordinary wear and tear caused by, or otherwise attributed to, Customer or Customer’s passengers on any Flight (“Damage Fee”).  All Damage Fees will be charged to the default form of payment listed on Customer’s account.

 

Late Passengers

Customers must arrive fifteen (15) minutes prior to their scheduled departure time. Flights may depart up to five (5) minutes ahead of their scheduled departure time due to circumstances including, but not limited to, weather, temporary flight restrictions, airport congestion, airport curfews and pilot duty times. Neither Chalk's Ocean nor the Operators have an obligation to wait for late passengers. Refunds are not issued for missed Flights. Customers who are late for Charters (i) are subject to late departure fees as described within our Flight Cancellation and Change Policies, and (ii)  have no right to a refund if they are more than thirty (30) minutes late and the Operator can no longer service the Charter.

 

Flight Delay Policy

Flight Delay Notice
  • Chalk's Ocean will use best efforts to notify Customer of delays or cancellations
Rebooking and Credits
  • If a Flight is delayed more than two (2) hours, Customer may, subject to availability, change the Flight at no additional charge or cancel and receive a refund in Chalk's Ocean Credits.  Passengers have no right to a refund or change without additional cost for Flights delayed less than two (2) hours.
Flight Reassignments
  • To minimize cancellations and delays due to reasons outside of Chalk's Ocean control, Chalk's Ocean may reassign Customer to a different aircraft, which may include a change of airframe model.  Chalk's Ocean will notify Customer of the change and if Customer declines the change, or if Chalk's Ocean has to move a Flight to a time earlier than your scheduled departure due to reasons outside Chalk's Ocean control, and Customer is unable to make the new departure time, Chalk's Ocean will provide Customer a refund in the form of Chalk's Ocean Credits.
Weather Cancellation
  • Notwithstanding anything to the contrary, in the event there is a weather cancellation you will only receive Chalk's Ocean credits. In order to receive a credit card refund in the event there is a weather cancellation, you must purchase the Cancellation/Weather insurance to do so.

Luggage Policy

Customers are allowed one (1) carry-on per person (25 lbs maximum) per Flight. All baggage is subject to Operator’s sole discretion.  Additional baggage requires Operator’s pre-approval. Chalk's Ocean nor Operators assume liable for lost, damaged, or delayed baggage.
 

Pets

Pets are permitted on flights if they (i) under 20 lbs, and (ii) placed in an FAA approved carrier. Chalk's Ocean must be notified in advance of all travel with pets and service animals by calling Flier Relations at 305-400-1700.
 

Passenger Weight Limit

Helicopters and seaplanes have a maximum weight capacity and other restrictions that govern the balance of the aircraft and help to ensure the safety of all our passengers. The maximum weight limit per passenger is 275 lbs. Passengers exceeding the weight limit will be required to purchase an additional seat. For additional information please contact our Flier Relations staff at 305-400-1700.
 

Passenger Seating

On all Flights, Operator reserves the right to assign specific seats to passengers.
 

Refusal to Transport

Operators may refuse to transport or remove a passenger from an aircraft for any reason, including, but not limited to:
  • Failure to comply with this Agreement or Operator’s instruction in general;
  • Disorderly, disruptive, abusive, threatening, or conduct;
  • Appearance by the passenger that he/she is intoxicated or under the influence of alcohol drugs;
  • The appearance that a passenger is engaged in illegal activity; or
  • Unauthorized photography in Chalk's Ocean lounges or on Flights.
Refunds for Flights terminated under this Section will be determined on a case-by-case basis.  If a refund is granted, such refund shall be Customer’s sole recourse against Chalk's Ocean.
 

Limited Liability

CHALK'S OCEAN DOES NOT PROVIDE TRANSPORTATION SERVICES AND IS NOT A DIRECT AIR CARRIER. CHALK'S OCEAN OFFERS INFORMATION AND A METHOD TO OBTAIN THIRD-PARTY TRANSPORTATION SERVICES, BUT DOES NOT AND DOES NOT INTEND TO PROVIDE TRANSPORTATION SERVICES OR ACT IN ANY WAY AS A TRANSPORTATION CARRIER, AND HAS NO RESPONSIBILITY OR LIABILITY FOR ANY TRANSPORTATION SERVICES PROVIDED TO USER BY SUCH THIRD PARTIES. CHALK'S OCEAN MAY INTRODUCE USER TO THIRD-PARTY TRANSPORTATION PROVIDERS TO PROVIDE USER TRANSPORTATION, BUT CHALK'S OCEAN DOES NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY THIRD-PARTY TRANSPORTATION PROVIDER AND USER EXPRESSLY WAIVES AND RELEASES CHALK'S OCEAN FROM ANY AND ALL LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO THE THIRD-PARTY TRANSPORTATION PROVIDER. USER ACKNOWLEDGES THAT CHALK'S OCEAN DOES NOT MONITOR ANY THIRD-PARTY TRANSPORTATION PROVIDER’S ON-GOING COMPLIANCE WITH ANY AND ALL LICENSING AND/OR PERMITTING RULES AND REGULATIONS, AND CHALK'S OCEAN WILL NOT BE RESPONSIBLE FOR ANY LIABILITY, CLAIMS, OR DAMAGES ARISING FROM OR IN ANY WAY RELATED TO A THIRD-PARTY TRANSPORTATION PROVIDER’S FAILURE TO MAINTAIN A CURRENT LICENSE AND/OR PERMIT. RESPONSIBILITY FOR THE DECISIONS USER MAKES REGARDING CHALK'S OCEAN SERVICES RESTS SOLELY WITH USER. CHALK'S OCEAN WILL NOT ASSESS THE SUITABILITY, LEGALITY, OR ABILITY OF ANY SUCH THIRD PARTIES AND USER EXPRESSLY WAIVES AND RELEASES CHALK'S OCEAN FROM ANY AND ALL LIABILITY, CLAIMS, CAUSES OF ACTION, OR DAMAGES ARISING FROM USER’S USE OF THE SERVICE, OR IN ANY WAY RELATED TO THE THIRD PARTIES INTRODUCED TO USER BY THE SERVICE. IN NO EVENT WILL CHALK'S OCEAN, ITS SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF USER OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SERVICES, INCLUDING WITHOUT LIMITATION, DEATH, BODILY INJURY, EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM COMMUNICATIONS OR MEETINGS WITH OTHER USERS OF THIS SERVICES, PERSONS USER MEETS THROUGH THE SERVICES OR FLIGHTS USER BOOKS THROUGH THE SERVICES.
 
ANY DISPUTE USER HAS WITH ANY OPERATOR, CARRIER, SERVICE PROVIDER, OR OTHER THIRD PARTY, INCLUDING, WITHOUT LIMITATION, ANY OTHER USER OF THE SERVICE, IS DIRECTLY BETWEEN USER AND SUCH THIRD PARTY AND USER IRREVOCABLY RELEASES CHALK'S OCEAN AND ITS MEMBERS, AFFILIATES, AGENTS, SUBSIDIARIES, JOINT VENTURES AND EMPLOYEES) FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES (ACTUAL AND CONSEQUENTIAL) OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES.  CHALK'S OCEAN WILL NOT BE A PARTY TO DISPUTES OR NEGOTIATIONS OF DISPUTES BETWEEN USER AND ANY THIRD-PARTY. THE QUALITY OF THE FLIGHTS SCHEDULED THROUGH THE SERVICES ARE ENTIRELY THE RESPONSIBILITY OF THE THIRD-PARTY PROVIDER WHO ULTIMATELY PROVIDES SUCH FLIGHTS. USER UNDERSTAND THAT BY USING THE SERVICES, USER MAY BE EXPOSED TO TRANSPORTATION THAT IS POTENTIALLY DANGEROUS, HARMFUL, OR OTHERWISE UNSAFE AND THAT USER USES THE SERVICE AT USER AT THEIR OWN RISK.
 
CHALK'S OCEAN DOES NOT PROVIDE OR HAVE AIR CHARTER BROKER LIABILITY OR ANY OTHER INSURANCE THAT EXTENDS OR IS INTENDED TO PROVIDE ANY COVERAGE, PROTECTION, OR BENEFIT TO USER BEFORE, DURING, OR AFTER ANY FLIGHT.
 

Dispute Resolution

a. Mandatory Arbitration.  Please read this carefully. It affects your rights. YOU AND CHALK'S OCEAN AND EACH OF OUR RESPECTIVE SUBSIDIARIES, AFFILIATES, PREDECESSORS IN INTEREST, SUCCESSORS, AND PERMITTED ASSIGNS AGREE TO ARBITRATION (EXCEPT FOR MATTERS THAT MAY BE TAKEN TO SMALL CLAIMS COURT), AS THE EXCLUSIVE FORM OF DISPUTE RESOLUTION EXCEPT AS PROVIDED FOR BELOW, FOR ALL DISPUTES AND CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR YOUR USE OF THE SERVICE. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Please visit www.adr.org for more information about arbitration.
 
i. Commencing Arbitration. A party who intends to seek arbitration must first send to the other, by certified mail, a written notice of intent to arbitrate (a “Notice”), or, in the absence of a mailing address provided by you to CHALK'S OCEAN, to you via any other method available to CHALK'S OCEAN, including via e-mail. The Notice to CHALK'S OCEAN should be addressed to CHALK'S OCEAN, INC., 1000 5th Street, Suite 200, Miami Beach, FL 33139, Attn: General Counsel (the “Arbitration Notice Address”). The Notice must (A) describe the nature and basis of the claim or dispute; and (B) set forth the specific relief sought (the “Demand”). If you and Chalk's Ocean do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Chalk's Ocean may commence an arbitration proceeding as set forth below or file a claim in small claims court. THE ARBITRATION WILL BE ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION (“AAA”) IN ACCORDANCE WITH ITS COMMERCIAL ARBITRATION RULES AND THE SUPPLEMENTARY PROCEDURES FOR CONSUMER RELATED DISPUTES (the “Rules”), AS MODIFIED BY THIS AGREEMENT. The Rules and AAA forms are available online at www.adr.org. If you are required to pay a filing fee to commence an arbitration against Chalk's Ocean, then Chalk's Ocean will promptly reimburse you for your confirmed payment of the filing fee upon Chalk's Ocean receipt of Notice at the Arbitration Notice Address that you have commenced arbitration along with a receipt evidencing payment of the filing fee, unless your Demand is equal to or greater than $1,000 or was filed in bad faith, in which case you are solely responsible for the payment of the filing fee.
 
ii. Arbitration Proceeding. The arbitration will be conducted in the English language. A single independent and impartial arbitrator will be appointed pursuant to the Rules, as modified herein. You and Chalk's Ocean agree to comply with the following rules, which are intended to streamline the dispute resolution process and reduce the costs and burdens on the parties: (A) the arbitration will be conducted by telephone, online and/or be solely based on written submissions, the specific manner to be chosen by the party initiating the arbitration; (B) the arbitration will not require any personal appearance by the parties or witnesses unless otherwise mutually agreed in writing by the parties; and (C) any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
 
iii. No Class Actions. YOU AND CHALK'S OCEAN AGREE THAT YOU AND CHALK'S OCEAN MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. FURTHER, YOU AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OF MORE THAN ONE PERSON’S CLAIMS, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND THAT IF THIS SPECIFIC PROVISO IS FOUND TO BE UNENFORCEABLE, THEN THE ENTIRETY OF THIS MANDATORY ARBITRATION SECTION WILL BE NULL AND VOID.
 
iv. Decision of the Arbitrator. Barring extraordinary circumstances, the arbitrator will issue his or her decision within 120 days from the date the arbitrator is appointed. The arbitrator may extend this time limit for an additional 30 days in the interests of justice. All arbitration proceedings will be closed to the public and confidential and all records relating thereto will be permanently sealed, except as necessary to obtain court confirmation of the arbitration award. The award of the arbitrator will be in writing and will include a statement setting forth the reasons for the disposition of any claim. The arbitrator will apply the laws of the State of New York in conducting the arbitration. You acknowledge that these terms and your use of the Service evidences a transaction involving interstate commerce. The United States Federal Arbitration Act will govern the interpretation, enforcement, and proceedings pursuant to the Mandatory Arbitration clause in this Agreement.

b. Equitable Relief. The foregoing provisions of this Dispute Resolution section do not apply to any claim in which Chalk's Ocean seeks equitable relief of any kind. You acknowledge that, in the event of a breach of this Agreement by Chalk's Ocean or any third party, the damage or harm, if any, caused to you will not entitle you to seek injunctive or other equitable relief against Chalk's Ocean, and your only remedy will be for monetary damages, subject to the limitations of liability set forth in this Agreement.

c. Claims. You and Chalk's Ocean agree that, notwithstanding any other rights the party may have under law or equity, any cause of action arising out of or related to this Agreement, excluding a claim for indemnification, must commence within one year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

d. Improperly Filed Claims. All claims you bring against Chalk's Ocean must be resolved in accordance with this Dispute Resolution section. All claims filed or brought contrary to this Dispute Resolution section will be considered improperly filed. Should you file a claim contrary to this Dispute Resolution section, Chalk's Ocean may recover attorneys' fees and costs up to $5,000, provided that Chalk's Ocean has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.

e. Modifications. In the event that Chalk's Ocean makes any future change to the Mandatory Arbitration provision (other than a change to the Chalk's Ocean Arbitration Notice Address), you may reject any such change by sending us written notice within 30 days of the change to the Chalk's Ocean Arbitration Notice Address, in which case your account with Chalk's Ocean and your license to use the Service will terminate immediately, and this Dispute Resolution provision, as in effect immediately prior to the amendments you reject, will survive the termination of this Agreement.

f. Enforceability. If only Section 10.a.iii or the entirety of this Section 10 is found to be unenforceable, then the entirety of this Section 10 will be null and void and, in such case, the parties agree that the exclusive jurisdiction and venue described in Section 10 will govern any action arising out of or related to this Agreement.

Governing Law

The laws of the State of Florida, excluding its conflicts of law rules, govern this Agreement . Your use of the Service may also be subject to other local, state, national, or international laws. To the extent that any action relating to any dispute hereunder is permitted to be brought in a court of law, such action will be subject to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida, and you hereby irrevocably submit to personal jurisdiction in such courts, and waive any defense of inconvenient forum.
 

Assignment

You may not assign this Agreement or any of the rights or licenses granted hereunder, directly or indirectly, including by sale, merger, change of control, operation of law, or otherwise, without the prior written consent of Chalk's Ocean. This means that in the event you dispose of any device on which you have installed the App, such as by sale or gift, you are responsible for deleting the App from your mobile device prior to such disposition. Chalk's Ocean may assign this Agreement, including all its rights hereunder, without restriction.
 

Survival

The provisions of this Agreement that are intended to survive the termination of this Agreement by their nature will survive the termination of this Agreement, including, but not limited to, Sections Titled: Limited Liability, Third Party Disputes, Dispute Resolution,  Governing Law, Assignment, Survival, Miscellaneous, and Contacting Chalk's Ocean.
 

Miscellaneous

This Agreement and any other agreements expressly incorporated by reference herein, constitute the entire and exclusive understanding and agreement between you and Chalk's Ocean regarding your use of and access to the Service, and, except as expressly permitted above, may be amended only by a written agreement signed by authorized representatives of all parties to this Agreement. The failure to require performance of any provision will not affect our right to require performance at any time thereafter, nor will a waiver of any breach or default of this Agreement or any provision of this Agreement constitute a waiver of any subsequent breach or default or a waiver of the provision itself. Use of section headers in this Agreement is for convenience only and will not have any impact on the interpretation of particular provisions. In the event that any part of this Agreement is held to be invalid or unenforceable, the unenforceable part will be given effect to the greatest extent possible and the remaining parts will remain in full force and effect. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Chalk's Ocean as a result of this Agreement or use of the Service.
 

Contacting Chalk's Ocean

You can contact Chalk's Ocean by email at legal@chalksocean.com, or by U.S. mail at CHALK'S OCEAN, INC., 1000 5th Street, Suite 200, Miami Beach, FL 33139.